Section 617 in The Orissa Municipal Corporation Act, 2003
617. General provision regarding licences and permission.
(1)Every licence and permission granted under this Act, any rule or bye-law made there under shall specify the period, if any, for which, and the restrictions, limitations and conditions subject to which, the same is granted, and shall be signed by the Commissioner or by some person duly authorized by him in that behalf.(2)Save as otherwise expressly provided in this Act or as may be prescribed, for every such licence or permission, fees may be charged on such units and at such rates as may be prescribed.(3)The Corporation may farm out the collection of such fees for a period of one year at a time on such conditions as it thinks fit.(4)It shall be the duty of the Commissioner to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset, and also between sunset and sunrise if it is open to the public or any industry is being carried in it at the time; and if he has reasons to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time without notice enter into such place for the purpose of satisfying himself whether any provision of law, rules, or bye-laws, any condition of licence or permission or lawful direction or prohibition is being contravened and no claim shall lie against any person for any damage under this Subsection by the Commissioner or any person to whom he has lawfully delegated his powers, or, by any force necessary for effecting an entrance under this Sub-section.(5)Every licence or permission holder shall, at all reasonable time, while such licence or permission remains in force, produce the same at the request of the Commissioner or any person authorized by him.(6)Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission required by the provisions of this Act or any rule or regulation or bye-law made under this Act, the Magistrate shall in addition to any fine which may be imposed, recover summarily and pay to the Corporation the amount of the fees chargeable for the licence or permission and may, in his discretion, also recover summarily and pay to the Corporation such amount, if any, as he may fix as the cost of prosecution.(7)Such recovery of the fees under Sub-section (6) shall not entitle the person convicted to a licence or permission as aforesaid.(8)The acceptance by, or on behalf of a corporation of the prepayment of the fee for licence or permission, shall not entitle the person making such prepayment to the licence or permission, as the case may be, but only to refund of the fee in case of refusal of the licence or permission, but an applicant for the renewal of a licence or permission shall until communication of orders on his application, be entitled to act as if the licence or permission has been renewed and save as otherwise specially provided in this Act, if orders on an application for licence or, permission are not communicated to the applicant within thirty days after the receipt of the application by the Commissioner,the application shall be deemed to have been allowed for the year or such less period as is mentioned in the application, and subject to the law, rules bye-laws and all conditions ordinarily imposed.(9)Save as otherwise expressly provided in, or may be prescribed under this Act, every application for licence or permission or the renewal of licence or permission shall be made not less than thirty and not more than ninety days before the commencement of the year.
